Qua Chee Gan (Petitoner-Appellants) vs.

Deportation Board (respondent-appellee)

G.R. No. L-10280
September 30, 1963

Background:
On May 12, 1952, Special Prosecutor Emilio L. Galang charged the above-named petitioners before the
Deportation Board, with having purchased U.S. dollars in the total sum of $130,000.00, without the
necessary license from the Central Bank of the Philippines, and of having clandestinely remitted the same
to Hongkong and petitioners, Qua Chee Gan, Chua Lim Pao alias Jose Chua, and Basilio King, with
having attempted to bribe officers of the Philippine and United States Governments (Antonio Laforteza,
Chief of the Intelligence Division of the Central Bank, and Capt. A. P. Charak of the OSI, U.S. Air Force)
in order to evade prosecution for said unauthorized purchase of U.S. dollars.1
Following the filing of said deportation charges, a warrant for the arrest of said aliens was issued by the
presiding member of the Deportation Board. Upon their filing surety bond for P10,000.00 and cash bond
for P10,000.00, herein petitioners-appellants were provisionally set at liberty.

Petitioner-Appelants:
The petitioners filed petition for habeas corpus and prohibition, alleging among others that Commissioner
of Immigration and Deportation does not have the power to issue warrant of arrest.

Respondent- Appelle
The petitioners were charged before the Deportation Board with unauthorized purchase of dollars from
the Central Bank of The Philippines. In view thereof, the Deportation Board issued a warrant of arrest
against alien petitioners who post bail.

Issue:
Does the power of the president to order the deportation of aliens carry with it the power to order the
arrest of an alien complained of? And if does can it delegate to the respondent Deportation Board?

Held:
The rights of the people against unlawful arrest, searches, and seizure are well enshrined in the
constitution. This right is available not only to the citizens of the country but also to the foreigners or
aliens as well. Moreover, the Constitution vests unto the judge the power to determine the existence of
probable cause to issue a warrant of arrest. Under the constitution, the president is not given such power.
Thus he may only order the arrest of the aliens in order to give effect to an order of deportation and not
during the investigation. However assuming the president has the power to order the arrest he may not
delegate it to the deportation board. This is because the determination of the existence of probable cause
for the issuance of warrant of arrest entails an exercise of discretion and judgment which cannot be
delegated. Thus the order of the arrest issued by the Deportation Board is null and Void